Examples of Purdue Patents in a sentence
In the event that any of the Purdue Companies (or any of their respective successors and assigns) sells or assigns (other than in connection with the grant of a security interest) any of the Purdue Patents to any other person or entity, such person or entity shall agree to assume the obligations of such Purdue Company under this Patent License Agreement in writing as a condition to such acquisition.
The Purdue Companies hereby grant to IMPAX a non-exclusive, royalty-free, non-transferable (except as provided in Sections 1(d) and 12 below) license of limited duration under the Purdue Patents to make, have made, use, offer to Sell (as defined below), Sell and have Sold not more than that number of bottles each containing 100 tablets (“Bottles”) equal to the difference between (i) 523,000 minus (ii) the number of Bottles Sold by IMPAX, XXXX Pharmaceuticals, Inc.
Purdue shall, upon reasonable request of BDSI, promptly provide BDSI with copies of any Purdue Documentation, Purdue Know-How, Purdue Patents, or other Patents Covering any Purdue Improvements or Joint Improvements to the extent not prohibited by Applicable Law, not previously provided to BDSI, and BDSI has been granted rights thereto pursuant to this Agreement.
Transcept shall have the right to sublicense the license under the Purdue Patents described above with Purdue’s consent, not to be unreasonably withheld, conditioned or delayed and shall have the right to sublicense the license under Purdue Know-How described above, without any obligation to obtain Purdue’s consent.
Nothing in this Agreement is or shall be construed as an admission of any fact, wrongdoing, liability, infringement or non- infringement, of the validity or invalidity, or enforceability or non-enforceability of any of the Assertio Patents or the Purdue Patents or any position taken or proposed to be taken in any action or proceeding, including the Civil Action.
Except as set forth in this Section 9, (i) the Purdue Entities may not assign any of the Purdue Patents or the Purdue Products separate and apart from this Agreement and (ii) neither Assertio nor any of its Associated Companies may assign any of the Assertio Patents or the Assertio Products separate and apart from this Agreement.
The Endo Companies acknowledge and agree that any infringement of the Purdue Patents would cause the Purdue Companies to suffer irreparable harm that could not be adequately remedied by an action at law.
Neither Assertio nor any of its Associated Companies shall assert, in any context, alone or in cooperation with Collegium or any other Third Party, that any of the Purdue Patents or any other patent rights or other intellectual property owned or controlled by any of the Purdue Entities or any of their Associated Companies have been exhausted with respect to Collegium by any of its activities relating to NUCYNTA® or NUCYNTA® ER.
Any Assignment or attempted Assignment of the Purdue Patents or the Purdue Products or the rights thereunder by the Purdue Entities, or of any Assertio Patents or Assertio Products or the rights thereunder by Assertio or any of its Associated Companies, in each case separate and apart from this Agreement, shall be null and void ab initio and shall have no force or effect.
The Endo Companies hereby waive and agree not to raise or assert as a defense or counterclaim in any action brought by the Purdue Companies to enforce the Endo Companies’ obligations hereunder, any contention of non-infringement, invalidity or unenforceability of the Purdue Patents or U.S. Patent No. 5,266,331, or any contention under Federal or state antitrust, unfair competition, consumer protection or securities laws.